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The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and
<br /> regulations, and lawful orders of public authorities bearing on safety of persons and property and their protection from
<br /> damage, injury or loss. The Conh�actor shall promptly remedy damage and loss to property caused in whole or in part
<br /> by the Contractor, a Subcontractor, a sub-subcontractor, or anyone directly or indirectly employed by any of them, or
<br /> by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 16.1.2 and
<br /> 16.1.3, except for damage or loss attributable to acts or omissions of the Owner or Architect or by anyone for whose
<br /> acts either of them may be liable, and not attributable to the fault or negligence of the Contractar. The foregoing ,
<br /> obligations of the Contractor are in addition to the Contractor's obligations under Seckion 9.15. ,
<br /> § 16.2 HAZARDOUS MATERIALS
<br /> § 16.2.1 The Conhactar is responsible for compliance with the requirements of the Contract Docuxnents regarding
<br /> hazardous materials. If the Contractar encounters a hazardous material or substance not addressed in the Contract
<br /> Documents, and if reasonable precautions will be inadeqttate to prevent fareseeable bodily injury or death to persons
<br /> resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB),
<br /> encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop
<br /> Work in the affected area and report the condition to the Owner and Architect in writing. When the material or
<br /> substance has been rendered harmless, Wark in the affected area shall resume upon written agreement of the Owner
<br /> and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be
<br /> increased in the amount of the Contractor's reasonable additional costs of shutdown, delay and start-up.
<br /> § 16.2.2 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, �
<br /> Subcontractors, Architect, Architect's consultants and agents and employees of any of them from and against claims,
<br /> damages, losses and e�enses, including but not limited to attorneys' fees, arising out of or resulting from
<br /> performance of the Work in the affected area, if in fact, the material or substance presents the risk of bodily injury or
<br /> death as described in Section 16.2.1 and has not been rendered hannless, provided that such claim, damage, loss or
<br /> expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property ,
<br /> (other than the Work itsel fl, except to the extent that such damage, loss or expense is due to the fault or negligence of
<br /> the party seeking indetnnity.
<br /> § 16.2.3 I� without negiigence on the part of the Contractor, the Contractor is held liable by a government agency for �I
<br /> the cost of remediation of a hazazdous material ar substance solely by reason of performing Work as required by the
<br /> Contract Document§, the Owner shall indemnify the Contractor for all cost and expense thereby incurred.
<br /> ARTICLE 17 INSURANCE AND BONDS �
<br /> § 17.1 T'he Contractor shall purchase from, and maintain in a company or companies lawfully authorized to do
<br /> business in the jurisdiction in which the Project is located, insurance for protection from claims under workers'
<br /> compensation acts and other employee benefit acts which are applicable, claims for damages because of bodily injury,
<br /> including death, and claims for damages, other than to the Work itself, to property which may arise out of or result
<br /> from the Contractor's operations and completed operafions under the Contract, whether such operations be by the
<br /> Contractor ar by a Subcontractor or anyone directly or indirectly employed by any of them. This insurance shall be
<br /> written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage
<br /> is greater, and shall include contractual liability insurance applicable to the Contractor's obligations under Section
<br /> 9.15. Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the �
<br /> Work. Each policy shall contain a provision that the policy will not be canceled or allowed to expire until at least 30
<br /> days' prior written notice has been given to the Owner. The Contractor shall cause the commercial liability coverage
<br /> required by the Contract Documents to include: (1) the Owner, the Architect and the Architect's Consultants as
<br /> additional insureds for claims caused in whole or in part by the Cantractor's negligent acts or omissions during the
<br /> Contractor's operations; and (2) the Owner as an additiarial insured for claims caused in whole or in part by the
<br /> Contractor's negligent acts or omissions during the Contractor's completed operations.
<br /> § 17.2 OWNER'S LIABILITY INSURANCE
<br /> The Ownet shall be responsible for parchasing and maintaining the Owner's usual liability insurance.
<br /> ;
<br /> § 17.3 PROPERTY INSURANCE
<br /> § 17.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully
<br /> authorized to do business in the jurisdiction in which the Project is located, property insurance on an"all-risk" or
<br /> equivalent policy form, including builder's risk, in the amottnt of the initial Contract Sum, plus the value of subsequent
<br /> AIA Document A107T"— 2007. Copyright� 1836, 1861, 1958, 1961, 1863, 1866, 1870, 1974, 1878, 1987, 1997 and 2007 by TheAmerican InsUtuta otArchftects.
<br /> Init. ,q�� N9hte reaervad. WARNING: Thls A!A Document Is protacted by U.3. Copyright Law and International Treaties. Unauthorized roproductton or 14
<br /> dlatribution of thls AIA Doeument, or any portlon of it, may reault In severe clvll and criminal penaitlea, and will be proaecuted to the maximum extent (
<br /> / possibla undar the law. This doeumentwas produced by AtA soflware at 14:69:26 on 04/05/2011 under Order No.4718485922 1 which expires on 10/28l2011, �
<br /> and is notfor resale. �
<br /> UserNotes: (1830881889) �
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